HeyTap Account User Agreement
Updated: January 21, 2022
Effective: January 21, 2022
Thank you for signing up for and using a HeyTap Account.
To better protect your legitimate rights and interests, before signing up for or using a HeyTap Account, please carefully read the HeyTap Account User Agreement (this "Agreement") and the HeyTap Account Privacy Notice, and make sure that you fully understand all their content. By tapping "Agree", you acknowledge that you have read and accepted all the terms of this Agreement, especially clauses that may limit your rights or exempt us from liabilities (including the jurisdiction clause), which may be underlined or highlighted in bold for your special attention. If you are of limited capacity for civil conduct, you shall read the content in the company of your parent or legal guardian. If you do not agree to the terms of this Agreement, you have the unconditional right to opt out of using the HeyTap Account service. By tapping "Agree" or using this Service, you acknowledge that you have read and accepted this Agreement.
The formulation, implementation, and interpretation of this Agreement and the resolution of disputes arising from this Agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR, and Taiwan). This Agreement was formulated in Chang'an Town, Dongguan City, Guangdong Province, China. Any dispute arising from this Agreement between you and us shall be resolved through friendly negotiations. If no resolution can be reached, either party will have the right to refer the dispute to the People's Court with jurisdiction over the place where this Agreement was formulated (i.e., the Dongguan Municipality No. 2 People's Court).
1. Basic Provisions
1.1 Parties and tips: This Agreement is entered into by and between you and Guangdong HeyTap Technology Co., Ltd. (hereinafter referred to as "we", "us" or "our") regarding your sign-up for and use of the HeyTap Account service (this "Service").
1.2 Scope of this Agreement: Given the uncertainty of network operations and for the purpose of better defining the rights and obligations of you and us, this Agreement shall also include the agreements, regulations, rules, announcements, and other legally binding documents that have been or will be developed specifically for our relevant business platforms (websites and mobile apps), including but not limited to agreements on complaints and privacy policies (the document names shall be subject to the announcements on the relevant platforms). If there are any inconsistencies or conflicting terms between this Agreement and those said documents, those said documents shall prevail.
1.3 Modifications and updates to this Agreement: Your acceptance of this Agreement means that you are willing to be bound by all its terms. Considering the unique nature of the Internet, we may add or remove features or functions to or from this Service, set new restrictions for this Service, or suspend or terminate a specific service feature. We will update, modify, or improve the terms of this Agreement and/or related agreements while trying our best to protect your rights and interests. The updated terms will be publicized on relevant pages for a reasonable period of time and then enter into force. You can go to relevant pages to check the updated terms. In the case of any substantial changes to this Agreement and/or related agreements, we will inform you of such changes through appropriate means (such as push notifications). You can decide whether or not to accept the changes. Your continued use of your HeyTap Account will be deemed as acceptance of the changes. If you do not accept the updated terms, you shall stop using your HeyTap Account.
2. Requirements for Using this Service
2.1 Age requirements: You attest and certify that you are at least 14 years old or have reached the minimum age specified by the local jurisdiction for using relevant app services at the time you sign up for a HeyTap Account. If you do not meet this age requirement, you shall be accompanied by your legal guardian when reading this Agreement, signing up for and using a HeyTap Account. We recommend that legal guardians should supervise and provide guidance when their children use the internet, mobile phones, and other devices.
After you sign up in accordance with our process, we will, based on industry practices, infer by default that you have relevant capacity for civil conduct due to the invisibility that the Internet provides. If you are the legal guardian of a child and allow your child to use this Service, it means that you agree to: (1) supervise the child's use of this Service; (2) bear all the risks associated with the child's use of this Service; (3) perform all the legal obligations incurred by the child's use of this Service; (4) guarantee that all the information you or the child provides is accurate and true; and (5) fulfill all the liabilities incurred by the child's access to or use of this Service and be bound by this term.
2.2 Device requirements: Using this Service requires your device to be compatible with our HeyTap platform, be able to connect to the Internet, and have certain (paid or unpaid) software installed. You acknowledge that Internet access charges may be incurred by your device, which are subject to your data plan. We will not be responsible for the availability or speed of the Internet. The services that you use may need to be updated on a regular basis and they may be affected by the updates.
2.3 Usage restrictions: You agree to use this Service only for the purposes stated in this Agreement. We grant you a limited, non-exclusive, non-transferable, and revocable license to use this Service for personal and non-commercial purposes. If your use of this Service or other behavior threatens, intentionally or unintentionally, our ability to provide this Service or other systems, we have the right to take all reasonable actions to protect this Service, such as suspending your access to this Service. If you are found to have violated this term repeatedly, we may terminate your account.
3. Service Content and Features
3.1 HeyTap Accounts are identifiers used to identify our users. We are the owner of HeyTap Accounts. You only have the right to use your HeyTap Account.
3.2 You need to link your mobile number to your HeyTap Account to use this Service. In specific circumstances, you need to perform real-name authentication using your ID card number.
3.3 You can sign in to your HeyTap Account to access the services provided by us and our affiliates, such as HeyTap Cloud, Game Center, App Market, Theme Store, Videos, Music, Browser, and community services. You can also enjoy a wide range of other premium services, including but not limited to membership privileges and reward points.
3.4 You understand that the content and features of the products and services accessible by your HeyTap Account may vary depending on the model and operating system of your device or the local laws and regulations. Please refer to your actual device and operating system for their final products and services.
3.5 You understand that, subject to applicable laws and regulations and for the purpose of operating and improving this Service (including but not limited to fraud prevention, risk evaluation, surveys, and customer support), we have the right to take necessary measures to ensure that you will obey this Agreement and applicable laws, or the orders or requirements of courts, administrative authorities or other government agencies.
4. Code of Conduct for Users
4.1 Sign-up information: You attest and certify that all the information you provide during the sign-up process (including but not limited to your mobile number or email address) is true, accurate, valid, and legally compliant and only relates to you. You also have the option to enter your gender, name, identity, and any other information on your HeyTap Account settings page. If your sign-up information includes illegal or improper information, we have the right to reject your sign-up request. After you sign up for a HeyTap Account, if we have reason to believe that you obtained the account through fraudulent or malicious means or through software or services not provided or authorized by us, or to achieve illegal purposes, we will have the right to restrict, freeze, or terminate your use of your account without having to inform you. You shall bear all the legal liabilities or losses thus incurred. If your contact information changes afterward, you shall promptly update the sign-up information in your account and make sure you can be reached by us using your current information. We will use your contact information to send you notifications, which may have a substantial impact on your rights and obligations. Please pay due attention to these notifications. If we are unable to send you notifications because the information you provide to us is incorrect, incomplete, or not true, you shall be responsible and liable for the risks and losses thus incurred.
4.2 Usage and security of your account: Your HeyTap Account is a credential allowing you to use our services. It can be used only by you. If the HeyTap Account that you use is not your account or not obtained through software or services provided by us, you shall stop using the account and inform us as early as possible. Without our consent, your action of authorizing, directly or indirectly, a third party to use your account or obtain your account information is considered to be invalid. If we believe that your use of the account endangers the security of this Service, we may terminate this Agreement. Your account shall be set up and kept by you. We will never ask you to provide your account password without reason. You shall keep your account and password secure and ensure that they will not be obtained or used by any unauthorized users. You will be responsible for any losses caused by failing to keep your password safe. You shall be responsible for all the actions performed through your account. You must report the actions that may breach laws or the unauthorized use of your account (either confirmed or suspected) to us at the earliest time to protect you from further losses. We shall not be liable for your losses due to your failure to comply with this requirement.
4.3 Account modification and recovery: If you lose your device, you can go to id.heytap.com to change your account password. If your account information is lost and you need to recover your account, you can provide relevant information to us and file a manual account recovery request by following the HeyTap manual account recovery process. Whether your request can be approved depends on the information you provide.
4.4 Account deletion: You can go to id.heytap.com and select "Manage personal data" to delete your HeyTap Account. If you have any questions, please contact our customer service representatives. After your account is deleted, you will continue to be responsible for your actions performed previously during your use of our services. Please note that deleting your HeyTap Account will result in the permanent deletion or anonymization of all data and virtual assets associated with your HeyTap Account, including KoKo Coins, points, KoKo Coin coupons, and HeyTap Cloud, unless otherwise specified by laws and regulations. For instance, according to relevant laws and regulations, account information in network logs will be stored for at least 6 months, and account information in transaction records will be retained for at least 3 years. After your account is deleted, we will no longer be able to provide you with platform services that are only accessible with a HeyTap Account. For more details, please refer to the Account Deletion Statement.
4.5 Authorization of user content: User content refers to all kinds of information published or uploaded through HeyTap Accounts, including text, images, videos, and software. You shall guarantee that you have the right or authorization to transfer, distribute, and disclose the user content in your HeyTap Account and to use your account to upload, download, publish, transmit, or store the content generated by other users in any possible ways.
4.6 Prohibitions: You can use your HeyTap Account only for the purposes stated in this Agreement. You must not perform the following actions; otherwise, you shall fulfill the liabilities thus incurred and we reserve the right to hold you legally accountable for these actions:
(1) Signing up for a HeyTap Account for malicious purposes;
(2) Giving, lending, renting, transferring or selling a HeyTap Account that you signed up for to any other person or otherwise authorizing persons to use your account;
(3) Using your HeyTap Account to publish, transfer, transmit, or store content that endangers national security or unity or undermines social stability, or content that is insulting, defamatory, obscene, violent, false, wrongful, offensive, hateful, lewd, threatening, inflammatory, or discriminatory, or content that arouses others' uneasiness or violates laws, regulations or policies; or setting a display name or username that contains any of the aforementioned content; or using your account to publish, transfer, or disseminate advertising or marketing information or spam;
(4) Using your HeyTap Account to infringe upon our or any third party's legitimate rights, including intellectual property rights, personality rights, privacy rights, reputation rights, and trade secrets;
(5) Using your HeyTap Account to maliciously fabricate facts or conceal the truth to mislead or deceive others;
(6) Performing any actions that harm the security of the computer network, including but not limited to gaining unauthorized access to our server/account through hacker attacks, cracking the password or any other illegal means or bypassing our security mechanism; or accessing the HeyTap service computer network or other persons' computer system to delete, modify, or add data without permission; or attempting to detect, scan, or test any parts or weaknesses of the HeyTap service system or network or to perform any other actions that harm network security; or attempting to perform reverse lookups or track any information of any HeyTap user or guest; or attempting to interfere with or disrupt the normal functioning of the HeyTap service system or website, deliberately spread malware or viruses, or perform other actions that disrupt or interfere with normal network information services; or forging TCP/IP data packet names or parts of the names;
(7) Reverse engineering, reverse assembling, or decompiling the products or services provided by us or our affiliates; or attempting to discover the source code and algorithm of the HeyTap service software through any other means; or modifying or disabling any features of the software or creating derivatives based on the software without authorization; or removing proprietary notices or labels appearing on the HeyTap software or in relevant documents; or allowing integrating or incorporating this Service or any of its parts with or into any other program;
(8) Performing actions in any form that affect the fairness of the services provided by us or our affiliates or the normal functioning of our apps to achieve illegal purposes, including but not limited to: (a) actively or passively manipulating reward points, (b) committing collusion, (c) using plug-ins, cheating programs or system bugs (also known as "vulnerabilities" or "defects") to obtain illegal benefits, and (d) publicizing the plug-ins, cheating programs, and bugs on the Internet or by other means;
(9) Using this Service without our prior written consent to conduct commercial activities including publishing ads and selling goods, such as selling KoKo Coins, game credits, plug-ins, and in-game items; or performing any illegal action to infringe upon our interests;
(10) Using or authorizing any other person to use third-party software without our prior written consent through any means, such as using automated programs, add-ons or other technologies to access, crawl for, or copy any data relating to this Service;
(11) Performing other actions which are prohibited by laws, regulations, policies, public order, or public morals, or which infringe upon the legitimate rights and interests of other individuals, companies, social groups, or organizations.
5. Third-Party Services
During your use of third-party products or services through your HeyTap Account, we will not be responsible for their fitness for use or reliability, nor will we endorse in any form or assume responsibility for any content, ads, products, or other information provided by any third party through this Service. You shall carefully identify third-party content and be aware of the risk of using such content. You shall exercise caution when making payments, transactions, disclosing your personal information, and performing other important actions in relation to the third-party content. You shall observe the provisions of the license agreement, user agreement or privacy notice entered into between you and other users or third-party content providers, and you must not breach this Agreement as well. You shall resolve any disputes arising therefrom between you and the third-party product or service providers at your own discretion. We will not be responsible for such disputes.
6. Service Fees
We offer most of our services for free. We may charge a fee for certain special services or change the prices of the paid services. If required to give a prior notice to our users by laws or regulations, we will notify you of the fees at an appropriate time in advance. After the changed prices become effective, you will need to accept the new prices to continue using this Service. If you do not agree to us changing the prices, you have the right to stop using this Service prior to the change.
7. Personal Information Protection and Privacy Notice
7.1 Scope and purpose of data collection: We respect and are committed to protecting your personal information and privacy rights. When you sign up for or use a HeyTap Account, however, you may need to provide your personal information for verification, including but not limited to your name, ID card number, email address, and phone number, so that we can check whether you are eligible to use certain information, material or services provided by us and so that we can provide you with better customer services and technical support.
7.2 Information security protection: We will employ all kinds of security technologies and procedures to build a sound management system to protect your personal information from unauthorized access, use or disclosure.
7.3 Information usage and disclosure: In order to provide you with more stable services and secure your account, we have the right to obtain, use, process, store, and share your personal information, device information, and network information in compliance with laws and regulations. Without your consent, we will not disclose your personal information to any other company, organization, or individual, unless otherwise specified by laws and regulations.
The personal information we collect will be processed in accordance with the personal information clauses in this Agreement.
8. Intellectual Property Rights
8.1 Ownership of rights
8.1.1 Except for the content that is legally owned by you, we own legitimate rights and interests (including intellectual property rights) in all information relating to this Service or obtained through this Service, including but not limited to company names, trademarks, service marks, logos, domain names, text, videos, audio, images, designs, software, programs, and all other material and content relating to this Service. Without our written consent, you shall not use or copy such content in any form.
8.1.2 You own the intellectual property rights to the text, images, videos, software and other original content published or uploaded through your HeyTap Account. You acknowledge that by publishing or uploading such content, you agree to grant us a non-exclusive, perpetual, unlimited, worldwide, royalty-free, and irrevocable license to use, copy, adapt, translate, publicly perform, or publicly display such content, and agree to us sublicensing such content to a third party.
8.2 Infringement handling
8.2.1 For the information, images, or content that you publish or upload through your HeyTap Account, you shall certify that you are the right holder of such content or you have obtained a prior written consent from the right holder, and that such information or content does not infringe upon the legitimate rights and interests of any third party. If a third party raises an intellectual property claim or dispute over such information or content, we will have the right to make a judgment on our own based on the actual situation and take necessary measures such as blocking or deleting the information or content involved. Apart from that, we will reserve the right to hold you legally accountable. You shall indemnify us or the third party against all the losses thus incurred.
8.2.2 If a complaint is directed towards you regarding IP infringement by a right holder, you have the right to make a counter claim. Your claim must comply with statutory conditions and the guidelines published by us; otherwise, it will be considered invalid. We will have the right to make a judgment on our own whether compliance is ensured during this process, and you shall not dispute our handling results.
During your use of our services, if you find that your intellectual property rights and other legitimate rights and interests have been infringed by a third party, you can file a complaint at ipr@heytap.com or through any other channel announced on our HeyTap platform and provide a written notice that contains the following information:
(1) Your name, contact information, address, business license number (in the case of a company), ID card number (in the case of an individual), and proof of authorization or materials proving you are the right holder or data subject;
(2) Certification proving that you, as the right holder, own legitimate rights and interests in the content allegedly being infringed upon or proof of ownership of the content;
(3) Materials that can prove the service provided by the alleged infringer constitutes an infringement, including but not limited to the position/location of the allegedly infringing content and proof of right infringement (any relevant information sufficient to allow us to accurately and quickly locate the allegedly infringing content);
(4) Descriptions of the intellectual property rights and other legitimate rights and interests that you claim to have been infringed and your reasons;
(5) A written statement that the information in the notice is accurate, true and legally compliant and that you will be responsible and liable for any legal consequences caused by your complaint, including but not limited to the losses caused to us by our response to your complaint to deal with the relevant accounts.
After receiving the above materials, we may, at our own discretion, take actions such as deleting, blocking, or restricting the use of the content or removing the links to the content, but we shall not be responsible or liable for any consequences therefrom. All disputes and losses thus incurred shall be dealt with by you and the third party. We will assist you to the extent permitted by law. Please note that if your complaint notice fails to meet the conditions specified in this Agreement, we may consider the notice to be non-conforming and invalid.
8.2.3 To the extent permitted by laws and regulations, you agree and authorize us to take any legal action, including but not limited to filing a complaint or lawsuit, for any infringement of your legitimate rights and interests (including but not limited to unauthorized copying, use, editing, or plagiarizing).
9. Disclaimer
9.1 We make no warranties or guarantees as to the authenticity, accuracy and completeness of all other HeyTap users' information and content, advertising information or any other information (hereinafter collectively referred to as "information") that you obtain through your HeyTap Account. If any organization or individual uses the said information to conduct any activity, you must carefully identify the authenticity of the information by yourself to prevent risks. During your use of the HeyTap Account service, you might be exposed to unpleasant, inappropriate or offensive content. Under no circumstances will we be responsible or liable for such content.
9.2. To the maximum extent permitted by applicable law, we make no guarantees or warranties, express or implied, concerning the HeyTap Account service as to, for example, the accuracy, non-infringement, merchantability, and fitness for specific purposes. This Service is provided on an "as is" basis.
9.3 Given the particularity of network operations, you understand and agree that we shall not be liable for any losses (including but not limited to loss of property, revenue, or data, or any other intangible losses) caused to you in the following circumstances:
(1) Malfunction of the HeyTap Account service caused by force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, or terrorist attacks;
(2) Interruption or delay of the HeyTap Account service caused by computer viruses, Trojans or other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet companies, system maintenance, or any other reason beyond our control;
(3) Interruption, termination, or delay of the HeyTap Account service due to changes in laws and regulations, or the orders and rulings of judicial and administrative agencies;
(4) Losses caused by your breach of this Agreement or relevant laws and regulations or by your improper operations during your use of your HeyTap Account;
(5) Losses caused by our operations that are performed in response to your request or based on the information you provide;
(6) Changes to this Service or suspension or termination of some or all of our services caused by system/software/hardware maintenance or upgrades;
(7) Statements or actions of any third party involved in this Service;
(8) Our access to, usage, storage, and/or disclosure of your account information and content for the purpose of complying with laws, litigation results, or the requirements of judicial or other government agencies or for other reasonable and necessary purposes;
(9) Leaks of any personal information caused by your improper use of the information or due to other reasons on your part;
(10) Any psychological, physical harm and financial losses already caused or to be possibly caused by the misleading or deceptive information that you receive during your interaction with others through our products or services;
(11) Other factors beyond our control.
10. Limitation of Liability
Under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, such as loss of profits, loss of revenue, loss of business opportunities, and reductions in anticipated savings caused by your use of our services. The aggregate liability of us, our affiliates and partners for any claims under this clause (including any implied warranty) shall not exceed the fees (if any) you have paid for using this Service. The laws in certain countries may exclude the applicability of some or all of the abovementioned terms. This Agreement does not exclude any legitimate rights or interests that cannot be waived through this Agreement.
11. Liability for Breach of Contract
11.1 Judging on our own: If we receive reports or complaints from other users that you have violated this Agreement or relevant laws, we will make a judgment on the authenticity of the reports or complaints. If we find you have indeed done so, we have the right to (1) delete or block relevant content you published, (2) impose penalties on you depending on the severity of your violations, such as giving a warning, restricting your access to parts of or all the features, terminating or even deleting your account, and (3) announce our decisions. If we have reason to believe that your HeyTap Account has been obtained or used improperly or led to disputes, we will have the right to restrict your use of this Service or cancel relevant transactions made by you. You shall be liable for the losses thus caused to you (including but not limited to the deletion of the data, KoKo Coins and other related data in your account and unsuccessful transactions).
11.2 Basis of our judgment: We may use the data stored in our services, systems or databases as the basis to make the above judgment and file lawsuits or pursue claims for the losses afterward, unless there is sufficient evidence to overturn our judgment.
11.3 In the case of any third-party litigation caused by or relating to your breach of this Agreement or relevant service terms, you shall be solely liable for all the consequences and we will have the right to recover all the losses thus caused to us from you. If you have paid a deposit for or if you have virtual assets such as KoKo Coins in our HeyTap services or relevant products, we have the right to freeze or retain them. If required, we will also assist judicial agencies in their investigations.
11.4 The above terms regarding liability for breach of contract will continue to remain in full force and effect after you stop using this Service.
12. Termination of Services
12.1 If you violate any terms of this Agreement, we have the right to freeze or terminate your HeyTap Account and stop providing you with any services.
12.2 You understand and agree that we may suspend or terminate the HeyTap Account service (or any part of this Service) in line with our business policies within a reasonable period after we notify you through an announcement on our platform or any other means. You shall back up the information that you store on your HeyTap Account in a timely manner. You shall be legally liable for the consequences caused by your failure to promptly deal with the content and virtual assets associated with your HeyTap Account.
12.3 We may terminate your account pursuant to laws and regulations, litigation results, or the requirements of judicial or other government agencies. We will try our best to notify you prior to the termination.
12.4 After the suspension or termination of your account, you will not be exempt from the obligation to pay for the fees incurred before or on the termination date. We will not be responsible for any consequences resulting from the termination of your account.
13. Applicable Law and Jurisdiction
13.1 The formulation, implementation, and interpretation of this Agreement and the resolution of disputes arising from this Agreement shall be governed by the laws of the People's Republic of China (excluding the laws of Hong Kong SAR, Macao SAR, and Taiwan). This Agreement was formulated in Chang'an Town, Dongguan City, Guangdong Province, China. Any dispute arising from this Agreement between you and us shall be resolved through friendly negotiations. If no resolution can be reached, either party will have the right to refer the dispute to the People's Court with jurisdiction over the place where this Agreement was formulated (i.e., the Dongguan Municipality No. 2 People's Court).
13.2 You hereby understand and agree that disputes arising from your use of third-party services (your purchase of third-party products) or infringement disputes between you and any third party shall be out of the scope of this Agreement. You certify that you will not treat us as the counterparty of such disputes; otherwise we shall have the right to contest that, and you shall not dispute such contest.
14. General Provisions
14.1 We may delegate or transfer the rights and obligations contained herein, in whole or in part, to a third party without having to obtain your consent, but we will inform you hereof by email or through a push notification and try our best to avoid causing any inconvenience to your use of this Service. If you do not agree to us doing so, you have the right to stop using the services under this Agreement. Your continued use of this Service will be deemed as acceptance of our delegation or transfer.
14.2 In order to provide you with a better user experience, we may provide you with software updates without diminishing your legitimate rights and interests. (These updates may be implemented in the form of software replacements, modifications, functional enhancements, or upgrades, or in any other form.) We recommend that you keep this Service up to date. A failure to promptly update this Service may cause security risks to the Software and may cause it to be unavailable or unstable.
14.3 If any provision in this Agreement is held to be invalid, non-binding, unenforceable, or illegal, the remaining provisions shall remain valid or enforceable and continue in full force and effect. In the event of inconsistencies or discrepancies between the Chinese version and any other version of this Agreement in another language, the Chinese language version shall prevail.
You agree that you will comply with all applicable laws and regulations during your use of this Service, including but not limited to applicable export control laws and regulations.